Workers Comp Lawyer
New York Worker Compensation Attorney
If you have been injured at work, it is important to understand how Workers Compensation affects your rights.
When someone is injured at work, their employer must have Workers Compensation insurance for them. This insurance pays for lost earnings, medical bills, and other benefits. For more information on Workers Compensation, please see visit this page of our site.
Under New York law, an employee injured at work cannot sue his or her employer because they will receive worker's compensation benefits. This is sometimes referred to as the Workers Compensation bar since workers are barred or forbidden from suing their employers. Workers can sue any third party responsible in whole or in part for their injuries. For example, if John Smith works at a hospital and he slips on water in the hallway which was spilled by a co-worker at the hospital, he cannot sue the hospital or the co-worker because that is suing his employer which is not allowed. This type of case is called a STRAIGHT workers compensation case because the only remedy is to receive workers compensation benefits. Take the same scenario but John Smith slips on water in the hallway of the hospital because ABC Cleaning Company hired by the hospital was mopping the floor and left a soapy puddle of water. Now, John Smith can file for Workers Compensation benefits because he was injured at work and he can also sue a third party, in this case ABC Cleaning Company for his injuries because they were negligent and he does not work for them.
If you were injured at work, it is important to contact an experienced attorney because often the scenarios are far more complex than the above example. In construction accident or Labor Law cases, an injured laborer usually cannot sue his employer but under Labor Law 240(1) and or Labor Law 241(6) the laborer can sue the landlord of the premises where the construction was ongoing as well as the general contractor for that construction job as both entities are liable by statute. There may also be a claim against subcontracting companies other than the injured worker's employer if the facts so warrant.
If you have been injured at work, call us for a consultation. (866) ATTY - LAW
60 Bay 26th Street,
Brooklyn, New York - 11214
Phone : (718) 331-7700
The Woolworth Building, 233 Broadway,
New York, New York - 10007
Phone : (212) 766-5656
New York Workers Compensation Resources
- A Guide to Workers Compensation in New York (NY)
- Major Provisions of the New York Employment, Safety and Security Act of 1996
- Temporary Payments of Workers Compensation without Prejudice, New York State (NYS)
- New York City (NYC) : Components of Workers’ Compensation Premium
- Workers Compensation in New York City (NYC)
- Independent’ Medical Examinations & Workers Compensation in New York State
- New York State Worker’s Compensation: Some Basic Sources
- New York (NY) Workers' Compensation Report
NEW YORK WORKERS COMPENSATION NEWS -
- Renowned Occupational Medicine Physician Named Interim Medical Director
- New Rochelle Doctor Arraigned on Insurance Fraud Charges
- Business Owner Charged With Violating Workers' Comp Law
- Chair Zachary Weiss Statement on his One Year Anniversary at the New York State Workers' Compensation Board
- Chair Zachary Weiss Statement on the Passage of Rocket Docket Regulations
- Board Releases Workers' Compensation Case Data for World Trade Center
- Workers' Comp Board Issues 1,000th Stop Work Order
- Chair Zachary Weiss Statement on the Passage of Group Self-insurance Legislation
- Chair Zachary Weiss Statement on the Passage of Livery Legislation
- Preliminary Funding Ranges Based on 2007 Estimates for Group Trusts
